Law: Civil Procedure Code (V of 1908)

Section: O.XVI,XVIII,R.1,2,3,4

Law: Specific Relief Act, 1877

Section: 12

Civil Procedure Code (V of 1908)--- ----O. XVI, R.1 & O.XVIII, Rr.2, 3, 4---Specific Relief Act (I of 1877), S.12---Suit for specific performance of agreement---Production of witness whose name was not mentioned in the list of witnesses---Plaintiff filed list of five witnesses---After recording statements of two witnesses, matter was fixed for remaining evidence the plaintiff produced another person as third witness---Defendant raised objection that since name of said person was not mentioned in the list of witnesses, his statement could not be recorded---Said objection of defendant was turned down by Appellate Court---Plaintiff did not make a request for calling said witness through the process of the court---Distinction had to be drawn between the terms 'call' and 'produce', after comparing provisions of O.XVI, R.1 and O.XVIII, Rr.2, 3, C.P.C.---Witness in attendance could be examined in accordance with the provisions of O.XVIII, Rr.2 & 4, C.P.C.---Objection of the defendant, was misconceived, in circumstances---Appellate Court in turning down objection of the defendant, did not appear to have commit-ted any illegality or irregularity calling for interference by the High Court---Revision was dismissed. Haji Muhammad Tufail v. Muhammad Iqbal 2005 MLD 688 rel. THIS JUDGMENT DELIVERED BY: ABDUL WAHEED KHAN, J.--- Brief facts necessary for the disposal of the instant petition are that the respondent filed a suit for specific performance wherein after filing of the written statement, issues were settled on 7-4-2010. Thereafter, the respondent/plaintiff filed list of five witnesses. Statements of P.Ws. Nos.1 and 2 were recorded and on 7-10-2010, when the matter was fixed for remaining evidence, the respondent/plaintiff produced Malik Talat Hussain as P.W.3. The petitioners/ defendants raised an objection that since the name of Malik Talat Hussain was not mentioned in the list of witnesses, hence his statement could not be recorded. The said objection was turned down by the Civil Court vide order dated 7-7-2010, hence this petition. 2. The contentions of the counsel for the petitioners are that only those witnesses can be called and produced before the Civil…

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